Courts can not come to a consensus about whether statements found in a borrower’s documents established to prohibit the borrower from filing for bankruptcy are enforceable as the result of either federal public policy or state law.  Various court rulings have tackled this issue over the last few years. A New Jersey District Bankruptcy court…

In the recent circuit court case of Homaidan v. Sallie Mae, Inc., a federal circuit court held that a ruling by a New York bankruptcy court that private loans to pay for college education are not exempt from being discharged under the Bankruptcy Code’s Section 523. This section of the Bankruptcy Code excludes from discharge…

If a debtor declines a contract in a bankruptcy case, the non debtor can be impacted in several ways. In 2019, the Supreme Court heard the Mission Products case, which attempted to settle a split among circuit courts regarding the impact of rejecting a contract under the Bankruptcy Code’s Section 365.  This case required the…

Pursuing Chapter 11 bankruptcy can prove to be an advantageous and appealing option for individuals as well as companies faced with a large amount of financial liabilities. Filing for Chapter 11 bankruptcy both results in the placement of a bar on any pending legal action against a company and provides businesses with the chance to…

A federal district court recently issued an important and likely to be an influential decision that addressed equitable mootness during the appeal of bankruptcy cases. In the FishDish case, the Eight Circuit held that even though the issue of equitable mootness existed, the court additionally found that the question of if an order is interlocutory…

Toward the end of 2021, a federal circuit court found for the first time that claims that became connected to a debtor’s case after a Chapter 11 plan was confirmed but before the plan’s effective date was subject to discharge. This holding urges extra caution from all creditors and counterparties of a Chapter 11 case…

The Second Circuit in the recent case of In Homaidan v. Sallie Mae recently held that some kinds of private student loans do not require the repayment of debts that can be categorized as an educational benefit. This decision resulted in the Second Circuit joining the Fifth Circuit and Tenth Circuit on the matter. Neither…

In what could likely end up an influential ruling, a Delaware court recently held that securing a “critical vendor” status in Chapter 11 commercial bankruptcy case ultimately offers no defense in situations where the vendor later faces legal action for the recovery of preferential payments that the debtor recoups shortly before bankruptcy. The Role of…

A Louisiana bankruptcy court, in the Karcredit LLC case, recently considered a case involving two lenders and one stock certificate. At the heart of the Karcredit case was a party who relied on a stock certificate to satisfy loan duties owed to another party. After a replacement certificate was reissued, one party relied on this…

Under the US Bankruptcy Code, various powers are granted to debtors, creditors, and other parties involved with the bankruptcy process. One such power is found in section 544, which grants individuals the ability to avoid some interactions with bankruptcy trustees or debtors-in-possession. Questions, however, have lingered about whether  avoidance powers can only be exercised when…